(2016) 13 SCC 598
Order dated 14-9-2007
(Before K.G. Balakrishnan, C.J. and Dr Arijit Pasayat and S.H. Kapadia, JJ.)
IA No. 1802 of 2007 in WP (C) No. 202 of 1995
1. Taken on board. The matter relates to the setting up of a Technical Research Centre by the Defence Research and Development Organisation (DRDO) under the Union Ministry of Defence. CEC has filed a report stating that the area wherein the proposed construction is to be made is not part of national park or a wildlife sanctuary. MoEF has to take decision as regards the use of forest land for non-forest purposes. The proposal may be considered by MoEF and decision be taken and the decision may be communicated to this Court.
2. IA is disposed of accordingly.
IAs Nos. 828 with 833, 834-35, 837-38, 839, 840, 846-47, 850, 853-54, 855-56, 866-68, 869-70, 871-72, 873-74, 875-76, 877-78, 879-80, 881-82, 891-92, 893-94, 900, 901-02, 903, 904, 905, 1276-77, 1310-1310A in IA No. 833 in IAs Nos. 828, 1329, 1330, 1331-32, 1450-52 in 1310, 1465, 1488 in 891-92, 1590, 1612-13, 2007-08 and 1700-703 in WP (C) No. 202 of 1995
3. All these matters relate to mining activities in Aravalli Hills in Rajasthan and Haryana. CEC has filed a monitoring report. CEC will make available a copy of the report to the various parties. The parties would be at liberty to file their response to CEC report in the form of affidavits within a period of four weeks.
4. IA No. 1785 in WP (C) No. 4677 of 12985 and IAs Nos. 1967 and 2152 in IA No. 1785 and IA No. 2143 in IA No. 1785 in WP (C) No. 4677 of 12985 be also posted along with these matters.
5. MoEF has not filed any fresh report. MoEF may file fresh report in response to the averments made in the IA.
6. Post only these matters on 25-10-2007 by constituting a special Bench for the whole day.
IA No. 1186 in WP (C) No. 202 of 1995
7. Adjourned. Post on 28-9-2007.
IA No. 1201 in WP (C) No. 202 of 1995
8. Pursuant to our directions CEC has filed a report regarding the incident that happened in August 1999. The counsel for the State of M.P. would like to file response to the report filed by CEC. Four weeks' time is granted for the same.
9. List on 12-10-2007.
IAs Nos. 1202 and 1206 in WP (C) No. 202 of 1995
10. Adjourned. Post on 5-10-2007.
IA No. 1220 in IAs Nos. 548 and 994 in WP (C) No. 202 of 1995
11. CEC has filed an interim report wherein it has stated that this Court passed an order dated 14-2-2000 (2002) 10 SCC 634 by which certain activities were expressly prohibited and that included:
(i) felling of trees and their removal;
(ii) removal of bamboo or grasses for any purpose whatsoever;
(iii) removal of corals and other living forms from marine national parks/sanctuaries;
(iv) construction of tourist complexes, hotels and restaurants, zoos and safari parks or any other building not for direct use for protection and management of wildlife and its habitat; and other non-forest activities.
12. But it was not specifically stated as to what permitted activities could be done in the forest which may not have any commercial concern. In CEC report it has been stated that the removal of weeds, clearing and burning of vegetation for fire lines, maintenance of fair weather roads, habitat improvement, digging, temporary water-holes, construction of anti-poaching camps, chowkies, check-posts, etc. may be essential for maintenance of forests and for the prohibition and supervision of the forests for the Forest Department. We permit all these activities to be done though they do not come within the purpose of the order passed on 14-2-2000 (2002) 10 SCC 634. It is also stated that the following activities may also be permitted:
(i) laying of underground drinking water pipelines up to 4-inch diameter;
(ii) laying of 11 kV distribution lines for supply of electricity to rural areas;
(iii) laying of telephone lines or optical fibre for providing communication facilities in rural areas;
(iv) wells, hand pumps, small water tanks, etc. for providing drinking water facilities to villagers, who are yet to be relocated from the protected area.
In addition to the above, the Anganwadies, government schools and government dispensaries which are essential for the inhabitants of people who are nearer to these forest areas shall continue and the Government may carry out construction activities in the forest area for the said purposes without there being any cutting or felling of trees.
13. The States may file application for clarification, if any of the States have any other difficulty. It is open to them to make any appropriate suggestion in this regard.
14. IA is disposed of accordingly.
IAs Nos. 1226 and 1231 in WP (C) No. 202 of 1995
15. MoEF is granted two weeks' time to file a report.
Contempt Petition (C) No. 65 of 2007 in WP (C) No. 202 of 1995
16. The contempt petition be treated as IA. Issue notice. CEC to file a report within a period of four weeks.
Contempt Petition (C) No. 133 of 2007 in WP (C) No. 202 of 1995
17. The contempt petition be treated as IA. Issue notice to the State of Rajasthan. CEC to file a report within a period of four weeks.
IAs Nos. 1870-72 in WP (C) No. 202 of 1995
18. Adjourned.
IA No. 1978 in WP (C) No. 202 of 1995
19. Issue notice. Post along with IA No. 1287. CEC to file response within a period of three weeks. List thereafter.
IAs Nos. 229, 227, 230 and 253-54 in WP (C) No. 13029 of 1985
20. The Committee under the name Environment Pollution (Prevention and Control) Authority has filed a report regarding the Outdoor Advertisement Policy. The authorities concerned may file response within a period of three weeks. List on 12-10-2007. Copy of the report be supplied to the authorities concerned.
IA No. 260 in WP (C) No. 13029 of 1985
21. The learned counsel submitted that the IA has become infructuous. The IA is dismissed as having become infructuous.
IA No. 266 in WP (C) No. 13029 of 1985
22. The learned counsel appearing for the applicant submits that pursuant to the directions issued by this Court, steps are being taken by the applicant to have CNG in 100 buses purchased by the Haryana Government. But there is lack of CNG. It is submitted that at least 20,000 cubic metre CNG is required for use in the buses.
23. Issue notice to GAIL and the Ministry of Petroleum and Natural Gas.
24. The learned counsel appearing for the Union of India accepts notice. The Union of India to file report how they can access to the request of the allotment of gas.
IAs Nos. 250-51 in WP (C) No. 13029 of 1985
25. These IAs relates to the CNG buses in Faridabad and Noida. Issue notice.
26. The applicant contends that in Noida the land has not been allotted to the applicant so that to make it feasible for supply of CNG to the customers. Noida will file its response in this regard.
(2016) 13 SCC 600
Order dated 29-2-2008
(Before K.G. Balakrishnan, C.J. and Dr Arijit Pasayat and S.H. Kapadia, JJ.)
Rajasthan (Mining)
IAs Nos. 828 with 833, 834-35, 837-38, 846-47, 893-94, 901-02, 903, 904, 1310-1310A in IA No. 833 in IAs Nos. 828, 1329, 1330, 1331-32, 1450-52 in 1310, 2086 in 1329-30 in 1310 in WP (C) No. 202 of 1995 with SLP (C) No. 3353 of 2003, CA No. 7363 of 2000 with CA No. 7364 of 2000, CA No. 7365 of 2000
27. CEC has filed its supplementary report dated 26-2-2008. The learned Amicus Curiae submitted that the State be asked to file response to CEC report. The State is required to indicate the details as to how many mining leases which are in operation. The learned counsel for the State seeks and is granted two weeks' time to file an affidavit giving the abovementioned details.
28. List on 28-3-2008.
IAs Nos. 208-09, 241-42, 245, 268-69, 1704-06 and IAs Nos. 1710-12, 2024-26, 2027-29, 2030-32, 2033-35, 2036-38, 2039-41, 2042-44, 2045-47, 2048-50, 2051-53, 2055-56 in IAs Nos. 208-09 in WP (C) No. 202 of 1995 with IA No. 1692 in IA No. 385 in WP (C) No. 202 of 1995, IAs Nos. 1950-51 in WP (C) No. 202 of 1995, IAs Nos. 1989-90 in WP (C) No. 202 of 1995, IAs Nos. 1652-54 in WP (C) No. 202 of 1995
29. As regards 134 sawmills/plywood units in the State of Uttarakhand, CEC has filed supplementary report dated 26-2-2008 categorising them into three categories and in case of one as a special category. The learned counsel representing the State would like to give response. Two weeks' time is granted for the State to give its response. Sawmills/plywood units which are already closed may file further affidavit.
30. List on 28-3-2008.
IA No. 1381 in WP (C) No. 202 of 1995
31. CEC has filed its report and indicated therein that the wood-based industries after 30-10-2002 will be closed immediately and State will frame sawmill rules for regularising wood-based industries after sawmills notified/established by 30-10-2002, are regularised by giving them licences. The State would be at liberty to pass appropriate orders having regard to the report given by CEC, and availability of wood. As regards penalties already collected by CEC, a separate report may be filed by CEC.
IAs Nos. 1429, 1519-20, 1782-83, 1812, 1995-96, 1998-99, 2014 and 2120 in WP (C) No. 202 of 1995
32. The State of West Bengal seeks time for hearing parties who according to it have not been heard before filing a report as regards wood-based industries. Four weeks' time is granted for filing additional report.
IA No. 1640 in WP (C) No. 202 of 1995
33. Issue notice to the State and CEC. CEC to file its report within a period of four weeks. Dasti service, in addition, is permitted.
IA No. 1797 in WP (C) No. 202 of 1995
34. The matter relates to manufacturing of medium density fibreboard (MDF) and particle board in the States of Punjab, Uttarakhand and Karnataka. CEC has filed its report and stated that there is a growing trend to use more and more MDF/particle board in place of industrial timber. The MDF/particle board helps in reducing the pressure on natural forests. The lops and tops and small wood available from the plantations of eucalyptus, poplar, etc. raised on the non-forest area can be used by MDF/particle board plants. CEC has approved these units, subject to the following conditions:
(i) the applicant will deposit an amount of Rs 30 and Rs 50 lakhs respectively for the establishment of MDF/particle board plant and for composite plant for the manufacture of MDF and particle board respectively. This amount will be kept in a designated account outside the Consolidated Fund and will be used by the Forest Department for activities identified and related to conservation and protection of forest;
(ii) the purchase/lease of the land and order for the plant and machinery will be placed within a period of six months failing which the approval will automatically be deemed to have been cancelled;
(iii) the ownership of the unit will not be transferred including by way of transfer of majority shareholding or change of partners before the unit starts commercial production; and
(iv) in addition, for the State of Uttarakhand it has been stipulated that the said unit should be located in an approved industrial estate. For Karnataka it has been further stipulated that:
(a) it will be confirmed by the Government of Karnataka in the Forest Department that as per the existing rules/guidelines there is no restriction on the establishment of MDF/particle board plants within a distance of 10 km from the boundary of nearby forest;
(b) the unit will be located in an industrial estate;
(c) as recommended by the State Level Committee, presently, grant of permission up to five MDF/particle board units in Kolan/Chikkaballapur Districts and up to 10 units in the remaining districts will be considered for clearance on the principle of first come first serve with a view to ensure spatial distribution to the extent practical and feasible; and
(d) the follow-up action on the above decisions will be taken only after a decision in the present IA is taken by this Hon'ble Court.
35. The learned counsel representing these units submitted that all the conditions are acceptable to them and they would deposit the amount given in the report within a period of four weeks. We also make it clear that the units shall be located in the approved industrial estates.
36. Subject to fulfilling the above conditions, the abovestated State Governments would be at liberty to grant licences for manufacturing MDF/particle board.
37. IA is disposed of accordingly.
IA No. 2143 in WP (C) No. 202 of 1995
38. List on 27-3-2008. MoEF to file its response in the meantime.
IAs Nos. 1424-25 and 2118 in WP (C) No. 202 of 1995 with WP (C) No. 469 of 2005
39. CEC has filed its report only qua Balco. It is alleged that Balco is in possession of illegal encroachment to the extent of forest land/Revenue forest land, they are using the forest land for non-forest purpose. Balco may file its response about the report of CEC. Meantime, Balco shall not cut/remove trees, if any. The Forest Department/Revenue Department shall not permit to remove the trees which are already cut.
40. The learned counsel appearing for Balco seeks time to file its response.
41. It is also alleged that illegal mining activities are being done in the State of Chhattisgarh. CEC may file its response to the counter-affidavit filed by the State.
42. Mr Anil Lunia may file his response to the counter-affidavit filed by the State Government. Meanwhile, no forest land shall be used for non-forest purpose.
43. It is alleged that there are violation of conditions for laying of pipelines for 63 km in forest land in Bastar. CEC may also file its report in the meanwhile.
44. List on 11-4-2008.
IA No. 2155 in WP (C) No. 202 of 1995 and IA No. 2156 in WP (C) No. 202 of 1995
45. Issue notice. CEC to file its response.
WP (C) No. 251 of 2006
46. Going by the allegations made in the writ petition, we do not think that the same can be entertained by this Court. The learned counsel for the petitioner seeks permission to withdraw the petition with liberty to avail appropriate remedy against the State of Assam, if any. The writ petition is dismissed as withdrawn.
(2016) 13 SCC 603
Order dated 24-4-2008
(Before K.G. Balakrishnan, C.J. and Arijit Pasayat and S.H. Kapadia, JJ.)
IA No. 1137
47. Taken on board. List on 9-5-2008.
IA No. 1019
48. The State of Uttaranchal has filed the application for exemption for certain projects such as drinking water supply, hospitals, dispensaries, schools, transmission lines, small hydro-electric projects, etc. Most of these projects are exempted as per our order dated 28-3-2008 (2008) 7 SCC 126. If there are any specific prayer for exemption from requirement of paying NPV, then the State to seek exemption regarding that project and file a separate application. IA is disposed of accordingly.
IAs Nos. 1135-36, 1224-25, 1233, 1385-86 and 1438 with 1639, 1671, 2098
49. These applications have been filed by Indian Wind Turbine Manufacturers' Association and other applicants who are engaged in the production of wind energy by developing of wind farming on forest land. Ms Kanchan Committee Report recommended that these sort of wind projects be given exemption from payment of net present value (NPV) to the extent of 90% and they may be allowed to start these projects on payment of 10%. CEC has examined the matter and suggested that these wind energy projects be given exemption to the extent of 50% of the net present value at the minimum rate, provided no tree felling is involved. The learned counsel appearing for the applicants contended that these wind energy projects should have been completely exempted as they are producing electricity by non-conventional energy sources and they are not causing damage to the forest. It is also argued that for similar projects CEC has recommended exemption and this Court has accepted.
50. The learned Solicitor General and also learned Amicus Curiae supported recommendation of CEC that there should be payment of 50% of the NPV at the minimum rate provided no tree felling is involved. All these wind farming projects producing electricity are profit motive projects. In order to have these projects, they have to erect various components, namely, turbine, corridors, transmission lines, sub-stations and erection platforms in the forest land. All these activities have to be carried out in the forest, so naturally forest land is being used for non-forest purposes. It is also be taken note of that after use of wind farming for generation of electricity, the said forest cannot be restored to in its original form and there should not be forest activities in these areas. Of course, for production of electricity, the wind energy projects should be encouraged as they are using non-renewable energy sources like fossil fuels for production of energy. Nevertheless, these forest areas are being used, they shall be given exemption for 50% NPV. We accept the recommendations of CEC that these projects should pay 50% of the NPV at the minimum rate charged, provided minimal tree felling is involved.
51. IAs are disposed of accordingly.
IAs Nos. 1222-23
52. The question raised in these applications are covered by the order of this Court dated 28-3-2008 (2008) 7 SCC 126. IAs are disposed of as having become infructuous.
IAs Nos. 1229, 1248-49, 1253 and 1371, 1435-37, 1313, 1164, 1779, 1707, 1364 and 1664
53. List the applications on 9-5-2008.
IA No. 1384
54. The learned counsel for the Northern Railway is not present. Adjourned.
IA No. 1312
55. The State of Uttaranchal has filed application for exemption for use of forest land for construction of rural roads in the State of Uttaranchal particularly “katcha” roads in hilly area.
56. Most of these projects are exempted as per our order dated 28-3-2008 (2008) 7 SCC 126. If there are any specific prayer for exemption from payment of NPV, then the State to seek exemption regarding that project and file a separate application. IA is disposed of accordingly.
IAs Nos. 1314 and 1316
57. The State of Bihar has filed applications for exemption for certain projects regarding the construction of schools, dispensaries, hospitals, electric and telecommunication lines, drinking water, minor irrigation canals, etc. Most of these projects are exempted as per our order dated 28-3-2008 (2008) 7 SCC 126. If there is any specific prayer for exemption from payment of NPV, then the State to seek exemption regarding that project and file a separate application.
58. IAs are disposed of accordingly.
IAs Nos. 1387, 1434 and 1665
59. These are applications filed by Ministry of Defence through Director, Military Training. The Defence Ministry wants to make use of some forest area for the purpose of field firing ranges for training their members and submitted that no felling of trees are involved and there is no likelihood of destruction of forest, so exemption may be granted from payment of NPV.
60. Exemption is granted. IAs are allowed.
(2016) 13 SCC 605
Order dated 25-10-2010
(Before B. Sudershan Reddy, R.M. Lodha and Surinder Singh Nijjar, JJ.)
Item No. 301
61. We request the Central Empowered Committee (CEC) to further examine the matter and submit additional report for our consideration within two weeks.
62. List on 22-11-2010.
63. The States of Tamil Nadu, Karnataka, Kerala and Andhra Pradesh shall file additional affidavit giving details of the sandalwood forests.
Item No. 302
64. Stand over for eight weeks at the request of Mr Vivek Tankha, learned Additional Solicitor General appearing for the State of Madhya Pradesh.
Item No. 303
65. List on 6-12-2010.
Item No. 304
66. CEC is requested to file its report, if necessary, after inspection of the site.
67. List after submission of the report.
Item No. 305
68. List these interlocutory applications on 10-1-2011.
Item No. 306
69. CEC is requested to submit its report.
70. List after submission of the report.
Item No. 307
71. The learned counsel for the State of Manipur is not present.
72. List on 22-11-2010.
Item No. 308
73. We request the trial court to dispose of the complaint bearing No. 153 of 2000 filed on 21-2-2000 before the learned Judicial Magistrate, First Class, Igatpuri, District Nashik as expeditiously as possible uninfluenced by the fact of the pendency of these applications before this Court. It shall be open to the petitioner i.e. M/s Navdurga Wood Products Ltd. to approach the authorities concerned for desealing its unit after the disposal of the criminal case.
74. The application is accordingly ordered.
Item No. 309
75. We have heard the learned counsel for the petitioner as well as the learned Amicus Curiae.
76. We are not inclined to grant the relief as prayed for by the petitioners in these applications. However, in the applications, it is stated that a proper application was filed in the month of May 2006 before CEC which has not even fixed any date for hearing of the matter nor taken up the same till date.
77. In the circumstances, it would be appropriate to request CEC to dispose of the application stated to have been filed by the petitioner in the month of May 2006 as expeditiously as possible preferably within three months from today.
78. Liberty to the petitioner to avail such remedy as may be available in law after the disposal of the said application by CEC.
79. The applications are accordingly, ordered.
Item No. 310
80. This matter was passed over.
Item No. 311
81. Issue notice to the respondent State Governments concerned for the response in the matter to be submitted within eight weeks from today.
Item No. 312
82. CEC and the State of Karnataka to submit their response in the matter within eight weeks from today.
Item No. 313
IAs Nos. 2790-91
83. CEC to submit its response within six weeks from today. Stand over for six weeks.
IAs Nos. 2794, 2626, 2642 and 2914
84. List these interlocutory applications on 13-12-2010. Liberty to file additional documents. In the meanwhile, the Ministry of Environment to submit its response before 13-12-2010.
85. The Ministries concerned shall explore to arrive at a consensus which shall be duly taken into consideration by this Court for the purpose of disposal of these applications.
(2016) 13 SCC 607
Order dated 21-10-2013
(Before A.K. Patnaik, Surinder Singh Nijjar and F.M. Ibrahim Kalifulla, JJ.)
Item No. 301
IAs Nos. 1868, 2091, 2225-27, 2380, 2568 and 2937 in WP (C) No. 202 of 1995 (Regarding implementation of the directions of the Hon'ble Court as contained in Part II guidelines to be followed in future cases of the judgment dated 6-7-2011 (2011) 7 SCC 338)
86. The learned Solicitor General submitted that an interlocutory application is proposed to be filed. The application be filed in the course of this week. Reply, if any, be filed by 29-10-2013. These applications be listed on 18-11-2013 as first matter.
Item No. 302
IA No. 3675 in WP (C) No. 202 of 1995 (Report of the Central Empowered Committee in Application No. 1361)
87. Heard the learned counsel for the parties. Perused the report of the Central Empowered Committee.
88. The use of 0.21 ha of forest land for non-forest use for laying the 132 kV D/C Hiranagar-Battal Manwal transmission line passing through the Surnisar-Mansar Wildlife Sanctuary is permitted subject to the following conditions:
(i) for use of forest land, approval under the Jammu and Kashmir Forests (Conservation) Act, 1997 will be obtained;
(ii) the NPV at the rates prescribed by this Hon'ble Court for use of forest land falling within the Wildlife Sanctuary will be deposited in the Compensatory Afforestation Fund;
(iii) 5% of the estimated project cost i.e. Rs 0.82 crore will be deposited in the Compensatory Afforestation Fund for undertaking conservation and protection works in the national parks/wildlife sanctuaries in the State;
(iv) the other conditions on which the Standing Committee of the National Board for Wildlife has cleared the proposal will be strictly complied with; and
(v) any other condition stipulated by the Chief Wildlife Warden, Jammu and Kashmir will be strictly complied with.
Permission is granted subject to the conditions as stipulated in the report of the Central Empowered Committee.
89. Application stands disposed of.
Item No. 303
IA No. 3677 in WP (C) No. 202 of 1995 (Report of the Central Empowered Committee in Application No. 1350)
90. Notice be issued to the Ministry of Defence and the Ministry may respond to the observations and recommendations of the Central Empowered Committee within a period of four weeks.
91. List thereafter.
Item No. 304
IA No. 2707 in WP (C) No. 202 of 1995 (for permission)
92. The learned counsel appearing for the Kuvempu University, Karnataka prays for and is granted four weeks to respond to the recommendations of the Central Empowered Committee.
93. List thereafter.
Item No. 305
IAs Nos. 2733-34 in WP (C) No. 202 of 1995 (for impleadment and directions)
94. These applications be listed after the pronouncement of the judgment in Goa Foundation case being Writ Petition No. 435 of 2012 and IA No. 1000 in WP (C) No. 202 of 1995.
Item No. 306
IAs Nos. 3483-84 in WP (C) No. 202 of 1995 (for permission and exemption from filing official translation)
95. These applications relate to permission for repair of the Chand Patna Dam located in Madhav National Park, District Shivpuri, Madhya Pradesh.
96. The Central Empowered Committee has recommended that this Court may consider permitting repair of the dam in public interest subject to the following conditions:
“6. After considering that the repair of the Chand Patha Dam is in public interest, no viable alternative is feasible, the adverse impact of the repair work on the national park is containable and that it has been cleared by the Standing Committee of the National Board for Wildlife it is recommended that this Hon'ble Court may consider permitting repair of the Chand Patha Dam situated in Madhav National Park subject to the following conditions:
(i) the conditions on which the proposal has been cleared by the Standing Committee of the National Board for Wildlife will be strictly complied with; and
(ii) the condition(s), if any, prescribed by the Chief Wildlife Warden, Madhya Pradesh Forest Department will be complied with.”
The permission is granted subject to the aforesaid conditions as mentioned in the report of the Central Empowered Committee.
97. Interlocutory applications stand disposed of.
Item No. 307
IAs Nos. 2698-2700 in WP (C) No. 202 of 1995 (for intervention, directions and exemption from filing official translation)
98. List these applications after four weeks in order to enable the counsel to file reply.
Item No. 308
IAs Nos. 2705-06 in WP (C) No. 202 of 1995 (for permission and exemption from filing official translation)
99. The learned counsel for the applicant prays for and is granted four weeks' time to file response to the report of the Central Empowered Committee.
Item No. 309
IAs Nos. 2389-91 in WP (C) No. 202 of 1995 (for intervention, directions and exemption from filing official translation)
100. The learned counsel for the applicant prays for and is granted two weeks' time to file the report of the Joint Inspection Committee.
Item No. 310
IAs Nos. 2354-56 in WP (C) No. 202 of 1995 (for impleadment, directions and exemption from filing official translation)
101. The Registry will check and find out as to who is the Advocate-on-Record appearing for the applicant and list the matter after four weeks along with the name of the counsel for the applicant.
Item No. 311
IAs Nos. 3435-37 in WP (C) No. 202 of 1995 (for impleadment, directions and exemption from filing official translation)
102. Two weeks' time is granted to the applicant to file response to the report of the Central Empowered Committee.
103. List the applications thereafter.
Item No. 312
IAs Nos. 2720-21 in IA No. 2068 in WP (C) No. 202 of 1995 (for impleadment and directions)
104. None appears for the applicant.
105. In view of the report of the Central Empowered Committee dated 4-9-2013, no relief can be granted in the present applications which are, accordingly, dismissed.
Item No. 313
IA No. 2535 in WP (C) No. 202 of 1995 (for permission)
106. This application relates to permission for storing water up to full reservoir level of the reservoir in Somasila Reservoir and carry out the repair and improvement work to the South Feeder Channel and G.K.N. Canal (North Feeder Channel) of Somasila Project in 771.54 ha of land in the wildlife sanctuary: (i) 735.29 ha of land in notified Peninsula Narasimha Wildlife Sanctuary and (ii) 36.25 ha of land in Sri Lank Melleswara Wildlife Sanctuary.
107. The Central Empowered Committee has permitted the use and recommended that the permission can be granted subject to the following conditions:
(i) for use of forest land approval under the Forest (Conservation) Act, 1980 will be obtained and the amount towards the NPV payable as per the rates for use of forest land falling within the wildlife sanctuaries prescribed by this Hon'ble Court in its order dated 28-3-2008 (2008) 7 SCC 126 in NPV matter will be deposited in the Compensatory Afforestation Fund;
(ii) the conditions on which the project has been cleared by the Standing Committee of the National Board for Wildlife will be strictly complied with; and
(iii) other condition(s), if any, prescribed by the Chief Wildlife Warden, Andhra Pradesh Forest Department will be complied with.
Permission is granted to the aforesaid conditions as stipulated by the Central Empowered Committee.
Item No. 314
IA No. 2770 in WP (C) No. 202 of 1995 (for directions)
108. None appears for the State of Odisha.
109. List this matter on 28-10-2013.
Item No. 315
IAs Nos. 2743-45 in WP (C) No. 202 of 1995 (for impleadment, stay and exemption from filing official translation)
110. List after the ensuing Diwali holidays as prayed for by the counsel for the applicant.
Item No. 316
IAs Nos. 3366-67 in WP (C) No. 202 of 1995 (for impleadment and permission)
111. This application relates to permission for use of land falling outside the extended notified ridge area near Naraina Vihar, Delhi for underground tunnelling activity for construction of Line 7 Corridor in Phase III of Mass Rapid Transport System project.
112. Para 5 of the report of the Central Empowered Committee is quoted hereinbelow.
“5. After considering that the project is of national importance, no viable alternative is feasible, no forest land or tree felling is involved, the area falls outside the notified ridge area and that the project has been cleared by the Ridge Management Board it is recommended that this Hon'ble Court may consider permitting Delhi Metro Rail Corporation Ltd. to carry out underground tunnelling activity in “Extended Geological Ridge Area” near Naraina Vihar for construction of metro line between Mukundpur to Yamuna Vihar (Line 76 Corridor) in Phase III of Mass Rapid Transport System Project. CEC is not recommending any condition in the present case after considering that the project area falls outside the notified ridge area, which is a non-forest land and no tree felling is required.”
In view of the aforesaid recommendation of the Central Empowered Committee permission is granted as the project is of national importance.
Item No. 317
IAs Nos. 2155, 2156 and 2680 in 2156, 3275 in 2680 with 3434 in 2156, 3611 in 2156, 3685 in 2156 in WP (C) No. 202 of 1995 (for permission, direction to rejection of the Central Empowered Committee's report, permission to file affidavit/additional documents and directions)
113. We call for a report from the Central Empowered Committee within a period of four weeks.
114. List these applications immediately after the receipt of the report from the Central Empowered Committee.
Item No. 319
IAs Nos. 3350-52, 3374-76, 3377-79, 3380-82, 3383-85, 3386-88, 3416-18 with 3651-53, 3549-51, 3578-79 in 3550 in WP (C) No. 202 of 1995 (for impleadment, directions, exemption from filing official translation and permission to file additional documents)
115. The applicant will file a copy of the order dated 7-5-1997 which has been cited in the communication dated 28-2-2011 of the Principal Chief Conservator of Forests to the applicant (Annexure 7) within a period of two weeks from today.
116. List the matter after two weeks along with IAs Nos. 3403-405, 3338-40, 3341-43 and 3439-41.
Item No. 327
IAs Nos. 1991 of 2007 and 3117 in 1991 in WP (C) No. 202 of 1995 (for directions and setting aside the report dated 18-9-2008)
117. List on 28-10-2013.
Item No. 328
IA No. 3641 in WP (C) No. 202 of 1995 (Report of Central Empowered Committee in Application No. 1352)
118. List on 28-10-2013.
Item No. 329
IA No. 3621 in WP (C) No. 202 of 1995 (for directions)
119. List on 28-10-2013.
Item No. 332
IAs Nos. 3598-99 in WP (C) No. 202 of 1995 (for impleadment and regulation of oil and gas wells)
120. List on 28-10-2013.
Item No. 333
IA No. 3627 in WP (C) No. 202 of 1995 (for modification of the Court's orders dated 28-3-2008 (2008) 7 SCC 126 and 24-4-2008)
121. List on 28-10-2013.
Item No. 335
IAs Nos. 2782, 2939-40 in 2782, 3023-24 with 2469, 3030 and 3032 in IAs Nos. 2939-40 in WP (C) No. 202 of 1995 with WP (C) No. 130 of 2011 (for intervention and directions and exemption from filing OT and bringing on record additional documents and interim directions and permission to file additional affidavit and permission)
122. List on 28-10-2013.
Items Nos. MM1 to MM7; IA No 1362 of 2013 in WP (C) No. 202 of 1995; IAs Nos. 3361-63 of 2012 in IA No. 828 in WP (C) No. 202 of 1995; IA No. 3706 in 3707 in WP (C) No. 202 of 1995; IAs Nos. 3499-501 in WP (C) No. 202 of 1995; IAs Nos. 2194-96 in WP (C) No. 202 of 1995; IAs Nos. 3624-25 in WP (C) No. 202 of 1995; IAs Nos. 3692, 3698 and 3699 in WP (C) No. 202 of 1995
123. List all the applications on 11-11-2013.
(2016) 13 SCC 612 (1)
Order dated 16-1-2015
(Before H.L. Dattu, C.J. and Arun Mishra and Adarsh Kumar Goel, JJ.)
IA No. 3610 of 2013
124. Before we consider the prayers made in this interlocutory application, in our opinion, it is in the interest of the State of Maharashtra to comply with the report of the Central Empowered Committee (for short “CEC”) dated 17-2-2014. After such compliance, the learned counsel for the State would file an appropriate memo before this Court for hearing of this application.
IA No. 3806 of 2014 in IA No. 3610 of 2013
125. We do not see any good ground to interfere with the report of CEC insofar as payment of net present value (for short “NPV”) is concerned by the windmill owners.
126. Accordingly, IA No. 3806 of 2014 is rejected. However, the applicant(s) is/are granted another three months' time from today for payment of NPV.
(2016) 13 SCC 612 (2)
Order dated 5-10-2015
(Before H.L. Dattu, C.J. and Arun Mishra and Adarsh Kumar Goel, JJ.)
127. On our request, Shri Harish Salve, the learned Amicus Curiae has given us a brief note on the matters pending before the Green Bench in different categories. He has also made certain suggestions for early disposal of those matters. He has exchanged the aforesaid note with Shri Ranjit Kumar, the learned Solicitor General of India, who represents the Union of India, Shri K.K. Venugopal, learned Senior Counsel, who appears for some of the parties.
128. The learned Amicus Curiae has classified the matters pending before the Green Bench under different heads such as: (i) matters relating to wood-based industries, (ii) matters relating to national parks/wildlife sanctuaries, (iii) matters relating to exemptions from the payment of the NPV, etc. etc.
129. We intend to take up the first category viz. matters relating to wood-based industries.
Category I: Matters relating to wood-based industries
130. We have heard Shri Harish Salve, learned Amicus Curiae, Shri Ranjit Kumar, learned Solicitor General of India, Shri K.K. Venugopal, learned Senior Counsel and other learned Senior Counsel/counsel. Accordingly, we pass the following orders:
130.1. The State Level Committees for Wood-based Industries (“SLCs”) are, subject to the compliance with the prescribed guidelines and procedure, authorised to take decisions regarding the grant of licence/permission to the wood-based industries.
130.2. In each State/UT for which SLC has so far not been constituted, SLC under the chairmanship of the Principal Chief Conservator of Forests with a representative of the Ministry of Environment and Forest and Climate Change (MoEFCC) and an officer of the State Forest Department/Industries Department not below the rank of the Chief Conservator of Forests/equivalent rank will immediately be constituted.
130.3. MoEF is authorised to issue appropriate guidelines in conformation with the orders and directions issued by this Court and also the existing guidelines to SLCs relating to assessment of timber availability for wood-based industries and grant of licence/permission to the wood-based industries including addition of new machineries and also utilisation of amounts recovered from the wood-based industries and connected matters.
130.4. Any person aggrieved by the decision taken by SLC may file an appeal before MoEFCC seeking appropriate relief within 60 days' time. If, for any reason, any person is aggrieved by the orders so passed in the appeal, he may prefer an appropriate petition/application/appeal before the appropriate forum/court for grant of appropriate relief(s).
131. We also permit MoEFCC to condone the delay, if any, in filing an appeal, if sufficient cause is made out by the applicant(s)/appellant(s).
132. The amounts lying with the respective State Forest Departments (recovered from wood-based industries) will be utilised for the purpose of afforestation only.
133. The respective State Forest Departments will intimate the amount(s) spent by them for afforestation purpose to MoEFCC at the earliest.
134. With the aforesaid observations and directions, we dispose of the interlocutory applications/matters specified in Annexure I to the note supplied by Shri Harish Salve, learned Amicus Curiae.
Category II: Matters relating to national parks and wildlife sanctuaries
135. Now we come to matters relating to national parks and wildlife sanctuaries.
136. At the time of hearing on the aforesaid subject, certain suggestions are made by the learned Amicus Curiae and other Senior Counsel. By incorporating them, we pass the following order(s): all matters for grant of permissions for implementation of projects in areas falling in national parks/sanctuaries, including rationalisation of boundaries, etc. will be considered by the Standing Committee of the National Board for Wildlife (“NBWL”) on its own merits and in conformity with the orders and directions passed by this Court from time to time i.e. on 14-2-2000 (2002) 10 SCC 634, 16-12-2002 (2008) 16 SCC 401, 13-11-2000, 9-5-2002 (2013) 8 SCC 198, 25-11-2005 (2006) 10 SCC 486 and 14-9-2007 and other subsequent clarificatory orders/judgment(s) passed by this Court including the Goa Foundation Judgment i.e. Goa Foundation v. Union of India (2014) 6 SCC 590.
137. We request NBWL to furnish a copy of the orders passed by it within 30 days' time to CEC. CEC is at liberty, if, for any reason, they are aggrieved by the decision of the Standing Committee of NBWL to approach this Court by filing an appropriate petition/application.
138. In all those matters where there is already decision of the Standing Committee of NBWL the parties shall abide with all the conditions imposed therein. If any party is aggrieved by the decision of the Standing Committee of NBWL, they are at liberty to approach an appropriate forum for appropriate relief(s).
139. Delink IAs Nos. 2202-03 of 2008, 2915-17 of 2010, 2929-31 in 2202-03 of 2008, 3308-10 of 2011 in 2202-03, 3422 of 2012 in 2929-31 in WP (C) No. 202 of 1995 and list separately.
140. With the aforesaid observations and directions, we dispose of the interlocutory applications/matters specified in Annexure II to the note supplied by Shri Harish Salve, learned Amicus Curiae.
141. Delink IAs Nos. 3819-22 of 2014 in WP (C) No. 202 of 1995 and list separately.
Category III: Matters relating to exemptions from the payment of NPV
142. Various applications have been filed by different applicants to exempt them from payment of net present value (NPV). Now all those applications will be transferred to MoEFCC by the Registry within 45 days' time from today. MoEFCC will consider those applications in accordance with law as expeditiously as possible. If, for any reason, any person is aggrieved by the said decision, he shall be free to file an appropriate application/petition before the National Green Tribunal (NGT) within 60 days' time from the date of the order passed by MoEFCC.
143. Liberty is reserved to NGT to condone the delay, if any, in approaching it within the time granted by us if a satisfactory explanation is offered by the applicant/petitioner.
144. With the aforesaid observations and directions, we dispose of the interlocutory applications/matters specified in Annexure III to the note supplied by Shri Harish Salve, learned Amicus Curiae.
IAs Nos. 3910-11 of 2015 in IA No. 3806 of 2014 in IA No. 3610 of 2013 in WP (C) No. 202 of 1995
145. Taken on board.
146. We permit the applicant Sagar Powertex (P) Ltd. to deposit the NPV with the Chief Conservator of Forests and Field Director, Sahyadri Tiger Reserve, Kolhapur within a week's time from today. If such deposit is made within the time granted by this Court, the authorities will not take any objection for such deposit and will accept the same.
147. With the aforesaid observations and directions, the IAs are disposed of.
Category IV: Matters relating to compliance with orders of this Hon'ble Court
148. There are also several matters pending before this Court relating to compliance with the orders passed by this Court. The action that is taken by all the authorities relatable to the Forest (Conservation) Act, 1980 are appealable under Section 16(e) before the National Green Tribunal Act, 2010.
149. Registry is directed to transfer all those matters to NGT for appropriate orders being passed by it, within 45 days' time from today. Once these matters are received by it, the Chairman of NGT will take an appropriate decision to assign these matters to an appropriate Bench/Benches constituted all over the country.
150. With the aforesaid observations and directions, we dispose of the interlocutory applications/matters specified in Annexure IV to the note supplied by Shri Harish Salve, learned Amicus Curiae.
Category V: Matters for formal disposal
151. Adjourned.
Category VI: Four matters to be transferred to NGT
152. Insofar as these matters are concerned, the interlocutory application(s) related to these four matters will be decided by the Principal Bench of NGT alone. Registry is directed to transfer the IAs in the following four matters, namely: (1) forest land involved in the mining leases transfer to JP Cement Ltd.; (2) report of CEC regarding Western Ghats; (3) construction of hotel at Mcleodganj on forest land in violation of the Forest (Conservation) Act, 1980; and (4) illegal felling of trees and road construction in wildlife sanctuaries in Karnataka.
153. We request the learned Chairman of the Principal Bench of NGT to hear the aforesaid matters in a Bench presided over by him.
154. All the contentions of all the parties are kept open to be agitated before the said forum.
155. The IAs relating to these four matters are detailed in Annexure VI viz. VI(1), VI(2), VI(3) and VI(4) to the note supplied by Shri Harish Salve, learned Amicus Curiae and are disposed of accordingly.
156. Mr A.D.N. Rao, learned counsel, is requested to furnish the appropriate revised annexures as early as possible.
157. The remaining matters i.e. Categories VII, VII(1) to VII(2), which are mentioned in Para 15 of the note supplied by Shri Harish Salve, Amicus Curiae, shall be heard by the Green Bench at an appropriate date.
Newly added matters (which are shown separately by way of notice)
158. Taken on board. The aforesaid matters are also disposed of in the aforesaid terms/observations/directions.
Court Masters
List of annexures along with newly added matters (which are separately shown by way of notice) are annexed
Annexure I
I. Matters Relating to Wood-Based Industries
Part A — Number of IAs in WP (C) No. 202 of 1995 — 204
Number of contempt petition — 1
Sl. Nos. IAs Nos. Subject-matter 1. 2365 of 2008 in 1406 of 2005 Relating to issuance/renewal of licence of sawmills in the State of Manipur. 2. 3630 of 2013 in 1579-80 Direct the respondent State and its officials to rehabilitate the members of the applicant by fully implementing the directions passed by this Hon'ble Court contained in the orders dated 10-7-200910 and 7-5-201011 in 1579-80 (filed by Mr Parmanand Gaur on b/o Odisha Sawmills owners). 3. 3051-53 of 2011, 3423 of 2012 in WP (C) No. 202 of 1995 Application for appropriate order/direction to respondent to furnish details of all wood-based industries functioning in the State of Kerala.
4. IAs Nos. 3114-16 of 2011 Direct the Central Empowered Committee to reconsider its decision dated 17-3-2010 of approving 45 illegally operating Chipper units established after July 2006 (Chipper Assoc. Jagadhari). 5. IAs Nos. 3239-40 of 2011 Regarding directions that the condition of distance of 10 km from nearby forest is not applicable to applicant's sawmill unit falling in Nagar Palika Area (on b/o Shanti Agro Products filed by Ms Rani Chhabra) (U.P.). 6. 3302-04 of 2011 Regarding directions to the official respondents to grant sawmills licence to the applicant in the same term as granted to Gulam Rasool working under same DFO, Behraich (on b/o Mohd. Mateen filed by Mrs Rani Chhabra) (U.P.). 7. 3326-28 of 2011, 3831 of 2014 in 3326-28 (argued in person), 3887 in 3326-28 Regarding issuance of a licence to run the sawmill of 10 kW for the running of his small-scale industry (filed by Mr Yash Pal Dhingra on b/o Shama Agricultural Kasht Udyog) (U.P.) (now petitioner-in-person appearing in the matter). 8. 3350-52 of 2012, 3374-76 of 2012, 3377-79 of 2012, 3380-82 of 2012, 3383-85 of 2012, 3386-88 of 2012, 3416-18 of 2012 with 3651-53 of 2013, Direct the respondents to withdraw/cancel/quash the order dated 30-8-2011/28-2-2011 passed by the DFO, Awadh, Forest Division Lucknow, for cancellation of sawmill licence and the order of its further relocation (filed by Mr Alok Shukla on b/o Saiyed Faiz Qamar). with 3549-51 of 2013, 3578-79 of 2013 in 3550 along with 3399-401 of 2012 with 3403-05 of 2012, 3338-40 of 2012, 3341-43 of 2012, 3439-41 of 2012 For setting aside the order dated 16-8-2012 and 25-10-2011 passed by Member-Secretary, SLC and Office Order No. 633 dated 10-9-2012 cancelling the licence and direction to the authorities to relocate the sawmill and transfer the licence in favour of the applicant (filed by Mr Manoj Kr Mishra on b/o Mohd. Zafar, U.P.). Directed to be listed along with 3399-401 of 2012 on 13-7-2012 3738 of 2014 in 3383-85, 3739 of 2014 in 3403-05, 3741 of 2014 in 3350-52, 3742 of 2014 in 3374-76, 3743 of 2014 in 3399-401, 3744 of 2014 in 3439-41, 3753 of 2014 in 3341-43, 3754 of 2014 in 3549-51 Directing the respondents to permit the applicant to run their sawmills at the existing site i.e. relocated site and quash the notices dated 6-4-2011 and 19-8-2011 issued by the office of Divisional Director, Social Forestry Division, U.P. (filed by Mr Vivek Gupta on b/o Babu Lal & Anr.). 9. 3358-60 of 2012, 3442 of 2012, 3448-49 of 2012, 3506-09 of 2012 (CDs), 3905 of 2015 in 3358-60 Regarding directions to stop operation of illegal sawmills in Jagdalpur Circle, District Dantewada, Chhattisgarh and in particular stop the operation of Shri Ram Sawmill near reserved forest area (filed by Mr Shridhar Potaraju on b/o Rajeenish Kapur).
10. 3409-10 of 2012 and 3412-14 of 2012 Regarding direction to the respondent to grant permission to the applicant to operate the sawmill and direction to the authority concerned to issue licence of the sawmill to the applicant (filed by Dr Kailash Chand on b/o Parshuram Jaiswal and Shiv Prasad Chaurasia) (U.P.). 11. 3277-80 of 2011 with 3749 of 2014 and 3760 of 2014 in 3277-80 Direct the authorities concerned to grant permission to the applicants abovenamed for operating their respective sawmills (on behalf of M/s Chetak Steel & Wood Products filed by Dr Kailash Chand). 12. 1708-09, 2926 in WP (C) No. 202 of 1995 Andhra Pradesh Sawmills matter With IAs ordered/disposed of on 25-10-2010 2912-13 in WP (C) No. 202 of 1995 Report/Recommendation of CEC in compliance with the order dated 25-10-201012 passed by this Hon'ble Court directing CEC to consider the applications filed by the applicants herein before CEC for grant of sawmill licence. 13. 3435-37 of 2012 Regarding direction to the respondent to grant permission to set up a unit of particle board-cum-flush door-cum-plywood at Kosmi Industrial Estate, Betal (M.P.) for utilising the waste and veneer generated by its existing veneer unit (filed by Mr Himanshu Shekhar on b/o M.P. Veneer). 14. 3445-47 of 2012 Regarding directions to the respondent to consider the case of the applicant for grant of fresh sawmills licence or licence in lieu of old licence on the terms and conditions imposed by the respondents (filed by Ms Rani Chhabra on b/o Ved Prakash) (U.P.). 15. 3466 of 2012 For intervention, quashing and setting aside the impugned orders dated 19-3-2012 and 23-4-2012 and direct that the applicants are permitted to continue operating their plywood and veneer units without the condition of surrender of their sawmill licences (filed by Mr Anil Shrivastav on b/o M/s New India Enterprises & Ors.) (U.P.). 16. 3493-95 of 2012 To direct Respondents 2 to 3 to issue a licence to run the sawmill of 25 HP for the running of his small-scale industry (filed by Mr Jatin Zaveri on b/o Ms Radhika Devi) (U.P.). 17. 3499-501 of 2012 and 3816 of 2014* To direct the recommendation as contained in Para 8(vii, viii) of report (interim) of CEC in IAs Nos. 2423-25, 2971-73, 2984-86, 3040-42 and 3135-36 dated 9-3-2012 excludes District Bana from the relocation exercise in terms of recommendation and directions of CEC dated 31-5-2006 in Application No. 565 and approve grant of licence of sawmill to the applicants by the State of Bihar as per seniority list dated 23-10-2010 (filed by Mr Rajesh Singh on b/o Mahendra Prasad Sharma) (Bihar). *For modification of Court's order dated 30-3-201213 (filed on 16-9-2014 by Mr Rajesh Singh, Advocate on b/o Mahendra Prasad Sharma & Ors.).
18. 3530-31 of 2012 For quashing Resolution No. 2563 dated 16-8-2012 issued by Department of Environment & Forests, Government of Bihar regarding seniority list of surplus licensed sawmills with regard to relocation of excess number of sawmills and directing the State of Bihar to make a fresh seniority list, etc. (filed by Dr S.K. Verma on b/o M/s Bhargo Timber & Ors.). 19. 3534-35 of 2012 Direct the department or authority or committee concerned to grant permission for the existing micro-unit of the applicant's sawmill for carrying out sizing at imported timber and domestic woodworks, seasoning and sawing frames of windows door's earning works further sea fold timber (filed by Mr R. Sathish on b/o K. Mariappan) (Tamil Nadu). 20. 3548 of 2012 and 3858 of 2015 in 3548 3548 of 2012 Direct the respondent to consider and grant approval for reopening the applicant members associations sawmills in the category of units on condition that they exclusively run only on the imparted timber and not indulging in any activity interfering with or eroding any forest cover (filed by Mr Rakesh Kr Sharma on b/o Tamil Nadu Timber Merchants Sawmills Owners Federation). 3858 of 2015 To direct CEC to consider and grant approval for issuance of temporary licences to the applicant Federation's Sawmills pending the final outcome of the assessment study; (b) to direct the State level Committee to process the application filed by the petitioner members for grant of licence for vertical band sawmills as directed by CEC vide its members of the meeting dated 29-7-2013. 21. 3558-60 of 2013 For quashing Notification No. 2563 dated 16-8-2012 issued by Department of Environment & Forests, Government of Bihar, whereby and whereunder it has been decided that unlicensed sawmill, whose applications for grant of licence are pending consideration from a very long time before the licensing authorities and licences were not granted without assigning any reason, will be ousted and will not be included in the seniority list of sawmills (filed by Mr Himanshu Shekhar on b/o Vishwakarma Kastha Shilpi Vikas Samitee, Bihar).
22. 3566-67 of 2013, 3568-69 of 2013, 3570-71 of 2013, 3572-73 of 2013, 3574-75 of 2013 and 3576-77 of 2013 Directing the respondent concerned to allow the applicant to continue its secondary manufacturing activities of flush door by quashing the notice dated 14-12-2012 and grant appropriate licence since to be applicants' pasting unit (filed by Mr Himanshu Shekhar on b/o M/s New Ambica Agrotech & Ors.) (Andhra Pradesh). 23. 3590-91 of 2013 For referring the matter to CEC and pass appropriate orders after receiving its report relating to the renewal of licence of Veneer Unit (filed by Mr C.N. Sreekumar on b/o N.P. Unikrishnan) (Kerala). 24. 3602-04 of 2013 For quashing the order dated 18-5-2011 passed by the DFO, South Kheri Forest Division, Lakhimpur Kheri, U.P. whereby the DFO directed the petitioner to surrender his sawmill Licence No. 53/Shardanagar of the applicant and etc. etc. (filed by Mr Vivek Gupta on b/o Vishnu Wood Products). 25. 3607-09 of 2013 Quash Notification No. 2563 dated 16-8-2012 issued by Department of Environment and Forests, Government of Bihar, Patna whereby and whereunder it has been decided that unlicensed sawmills, whose applications for grant of licence are pending consideration for a very longer time before the licensing authorities and licences were not granted without assigning any reason, will be ousted and will not be included in the seniority list of sawmills, etc. etc. (filed by Mr Himanshu Shekhar, Adv. on b/o Shankar Chirai Mill). 26. 3637-39 of 2013 Direction to manufacture doors and boards at its existing unit at Kosmi Industrial Estate, Betal (M.P.) by utilising the waste and veneer generated by its existing veneering unit [filed by Mr Himanshu Shekhar on b/o M/s M.P. Veneers (M.P.)]. 27. 3648-50 of 2013 Quash the notices dated 4-4-2011 and 20-8-2011 issued by the office of Divisional Forest Officer, Gonda Forest Division, whereby the applicant has been directed to close down their sawmill unit (filed by M/s Vidhi International on b/o Mohd. Umar, U.P.). 28. 3654-55 of 2013, 3656-57 of 2013 and 3658-59 of 2013 To direct the respondent authorities to grant licence of sawmills to the applicant under the Bihar Sawmills (Regulations) Act, 1990 on the basis of timber availability of “Tar” Trees, etc. (filed by Mr S.K. Verma on behalf of Saudagar Mistri and others). 29. 3663-64 of 2013 Modify Condition 1 of the order dated 29-2-200814 passed by this Hon'ble Court thereby waiving/exempting the requirement of deposit of Rs 30 lakhs for establishment of Hallow Board Unit [filed by Mr Himanshu Shekhar on b/o M/s Uma Panel Board (P) Ltd., Gujarat].
30. 3668-70 of 2013 Direct the State of U.P./Principal Conservator of Forests, U.P. and the Conservator of Forests and Divisional Director Forests, to grant permission to reopen and operate the sawmill (wood-cutting and shaping machine (filed by Mr S.S. Nehra on b/o Mr Sushil Kumar Tiwari). 31. 3680-81 of 2013 Directions upon the respondent authorities to grant licence to the applicants for secondary units of wood-based industries upon payment of licence fees and other fees (filed by Mr Bijan Ghosh on behalf of M/s Annapurana Plywood Unit II) (West Bengal). 32. 3725-27 of 2013, 3728-30 of 2013 and 3731-33 of 2013 IAs Nos. 3725-27 Interlocutory applications for impleadment, directions and exemption from filing OT filed by Mr Alok Shukla, Advocate on behalf of M/s Diamond Wood Industry, praying therein as under: (i) Direct the State Level Committee to recall the decision of delisting the applicant unit dated 26-6-2013; and/or (ii) Direct SLC to list again the applicant sawmill/veneer unit prepared for issuance of licence; (iii) Direct the respondents to issue the licence to the applicant. IAs Nos. 3728-30 Interlocutory applications for impleadment, directions and exemption from filing OT filed by Mr Alok Shukla, Advocate on behalf of M/s R.A. Wooden Industries, praying therein as under: (i) Direct the State Level Committee to recall the decision of delisting the applicant unit dated 28-6-2013; and/or (ii) Direct SLC to list again the applicant sawmill/veneer unit in list; (iii) Direct the respondent to issue licence in favour of the applicant. IAs Nos. 3731-33 Interlocutory applications for impleadment, directions and exemption from filing OT filed by Mr Alok Shukla, Advocate on behalf of M/s A.S. Plywood Industry, praying therein as under: (i) Direct the State Level Committee to recall the decision of delisting the applicant unit dated 26-6-2013; and/or
(ii) Direct SLC to list again the applicant sawmill/veneer unit prepared for issuance of licence; (iii) Direct the respondents to issue the licence to the applicant. 33. 3746-48 of 2014 Seeking directions to the respondent for granting of the licence for functioning of the sawmill (filed by Mr Anoop Kumar Srivastava on b/o Wasiq Ahmad). 34. 3757-59 of 2014 Set aside the order dated 19-8-2011 passed by the Divisional Director, Social Forestry Division, Bulandshahar and permission to operate its sawmill situated at the present place, being 10 km away from the forest area (filed by Mr Manoj Kr Mishra on b/o Amit Goyal & Anr.). 35. 3761-62 of 2014 (i) Direct the respondent State Government to renew/grant the licences to the applicant sawmills; (ii) direct the respondent State Government to permit the applicant to issue licences to the applicant for the timber exempted from purview of the A.P. Forest Produce Transit, 1970 (filed by Ms Usha Nandini V. on b/o Shri Anjaneya Swami Sawmill & Anr.). 36. 3768-70 of 2014 Direction to the respondent for granting of licence for functioning of the sawmill, subject to availability of woods (filed by Mr Anoop Kr. Srivastava on b/o Ram Ashrey). 37. 3771-73 of 2014 Direction to the respondent for granting of the licence for functioning of the sawmill, subject to the availability of woods (filed by Mr Anoop Kr. Srivastava on b/o Nassruddin Beg.). 38. 3774-76 of 2014 Direction to relocate/set up Kattha Manufacturing Unit either in District Panipat or in Karnal in Haryana [filed by Mr Himanshu Shekhar on b/o M/s Super Kattha Industries (P) Ltd.]. 39. 3777-79 of 2014 Consider the case of the applicant as a deemed licensee under the proviso to Section 5 of the Bihar Sawmills (Regulation) Act, 1990 and direct the respondent authorities to include his name in the seniority list of sawmills of District Bhojpur, Aro, Bihar (filed by Mr Himanshu Shekhar on b/o M/s Triveni Sharma Sawmills.). 40. 3793-95 of 2014 To direct Respondents 2 and 3 to issue a licence to run the sawmill of the applicant and permit the applicant to reopen and operate the sawmill at Village Kanwa Tehsil Kurchana, Post Baraon, District Allahabad, U.P. (filed by Mr Yash Raj Dhinga on b/o Rohit Kr. Chaurasia). 41. 3834-36 of 2014 Direct the respondents to permit the unit holders to run their sawmills at the existing site i.e. relocated site, where the permission for relocation was granted (filed by Mr Vivek Gupta on b/o New Awadh Ara Mill Vyapari Welfare) (U.P.).
42. 3850-51 of 2015 Direct Respondents 1 to 3 to consider the proposed project of the applicant's sawmills (filed by Mr Surya Kant on behalf of Maharashtra Timber Industry Promoter). 43. 3862-63 of 2015 For quashing of the seniority list of sawmills of Nawada District published by the Selection Committee in terms of Resolution No. 76/2007-2675 dated 30-8-2010 issued by the Department of Environment and Forests, Government of Bihar, Patna (filed by Mr Anup Jain, Advocate on behalf of Rajender Prasad Sharma). 44. 3916-17 of 2015 Application for filing additional affidavit and/or correction of its earlier affidavit dated 20-2-1997 and production of additional document relating to sawmills in the State (filed by Nishant R. Katneshwarkar, Advocate on behalf of the State of Maharashtra). 45. 2870-71 of 2010 in WP (C) No. 202 of 1995 Regarding early process and dispose of the application of the applicant before CEC seeking grant of licence for setting up of small-scale industry for manufacturing wood veneers, plywoods, doors blocks, etc. (Tamil Nadu). 46. Contempt Petition (C) No. 160 of 2012 in WP (C) No. 202 of 1995 PIL (W) Regarding violation of the Court's order dated 4-3-199715 restraining grant of sawmill licence and electricity connections to the illegal sawmills in the State of Tamil Nadu (filed by Mr S. Gowthaman on b/o Rajasekaran).
I. Matters Relating To Wood-Based Industries
(Contd.)
Part B: Special leave petitions — 04
Sl. Nos. IAs Nos. Subject-matter 1. SLP (C) No. 3941 of 2010 (Sec-XIA) Regarding renewal of sawmill licence (Kerala). 2. SLP (C) No. 7031 of 2010 (IX) Regarding seeking permission for additional band saw machines in Nagpur were challenged before the High Court. 3. SLPs (C) Nos. 7648 and 7649 of 2006 (X) Licence issued under the U.P. Establishment and Regulation of Sawmills Rules, 1978.
Annexure II
II. Matters Relating to National Parks/Wildlife Sanctuaries
Number of IAs in WP (C) No. 202 of 1995 — 125
Number of IA in WP (C) No. 13381 of 1984 — 01
Number of other writ petitions — 01
Number of SLPs — 02
Sl. Nos. IAs Nos. Subject-matter 1. 1308 of 2005 in WP (C) Nos. 202 of 1995 and 1323 of 2005, 1455 of 2005 in 1308 of 2005, 1468 of 2006 in 1455 of 2005 and 1478 of 2006 in 1308 of 2005 with SLP (C) No. 30622 of 2011 (order dated 6-2-2012) (IV-A) Filed by Amicus Curiae in court regarding depletion of population of tigers and other important animals in national parks/sanctuaries in the country. 2. 1606 of 2006 Filed by the State of Madhya Pradesh seeking clarification/directions regarding the orders dated 14-2-2000 and 25-11-2005 for management of sanctuaries and national parks. 3. 2011 of 2007 and *3908 of 2015 Filed by the State of Madhya Pradesh for modification of order dated 12-12-1996 and grant permission to the State to collect the minor forest produce from the national parks and sanctuaries on a sustainable basis. 3908 of 2015 Application for withdrawal of IA No. … 2011 on behalf of the applicant. 4. 2580 of 2009 and 2669 in 2580 of 2009 Report of CEC: Relating to deletion of large number of mining lease areas from Netravali Wildlife Sanctuary in the State of Goa.
5. 2601 of 2009 and *3909 of 2015 Grant permission to the applicant allowing them to redefine the boundaries of the proposed protected areas of the State as per the plan shown as Annexure A-3 involving the exclusion of the approximately 426 villages situated at or close to the boundaries of the respective protected areas and treating the approximately 192 non-strategic villages situated deeper in such areas as enclosures, on which the restriction provided under the Wildlife (Protection) Act, 1972 shall not apply (filed by Mr B.S. Banthia on b/o the State of M.P.) IA No. 3909 of 2015 Application for withdrawal of IA No. 2601 of 2009 on behalf of the applicant. 6. 2202-03 of 2008 in WP (C) Nos. 202 of 1995 and 2915-17 of 2010, 2929-31 in 2202-03 of 2008, 3308-10 of 2011 in 2202-03, 3422 of 2012 in 2929-31 Issuance of notification under Section 26-A of the Wildlife (Protection) Act specifying the boundaries of the Panchmarhi Sanctuary while excluding the area of the Panchmarhi Cantonment Board. 7. 2638-39 of 2009 Application for rationalisation of boundaries and Askot Musk Deer Wildlife Sanctuary. *Relating to diversion of land for setting up of hydro-electric project on Dhauliganga River in Askot Musk Deer Sanctuary in the State of Uttarakhand. 8. 3067-68 of 2011 in WP (C) No. 202 of 1995 Regarding permission to denotify the Karera Wildlife Sanctuary and waiving of conditions imposed by Standing Committee of National Board for Wildlife (M.P.). 9. 3364-65 of 2012 Regarding permission to continue the stone crusher in Village Nayagoan which is outside Sonchirya Sanctuary Ghatigoan, Gwalior [filed by Dr (Mrs) Vipin Gupta on b/o Geeta Stone Crusher]. 10. 3565 of 2013 For directions that the vehicular traffic be closed from dusk to dawn (ii) roads shall not be upgraded or widened and no new road construction should be undertaken, (iii) for constituting a task force comprising of CWW, Forest Officers in charge, etc. pertaining to national parks and sanctuaries (filed by Amicus Curiae). 11. 3610 of 2013 IA No. 3610 Allow the rationalisation of Koyna Wildlife Sanctuary by excluding the area 9965.005 ha from the present area 42,355 ha. As per recommendation of the SDO, Korad, District Satara and approved by National Board for Wildlife and recommended by Tiger Conservation Authority (filed by Ms Asha G. Nair, Advocate on b/o the State of Maharashtra). IAs Nos. 3864-66 of 2015 in 3806 Clarification of order dated 16-1-201516 in IA No. 3806, that this order is not applicable for imposition of penalty on the resorts (house-cum-stay) and breakfast scheme for tourists (filed by Mr Sachin Patil, Advocate on b/o Mr Ramesh Ganpat Desai). with 3864-66 of 2015, 3867-69 of 2015 and 3870-72 of 2015, 3906-07 of 2015 in 3806, 3910-11 of 2015 in 3806 IAs Nos. 3867-69 of 2015 in 3806 Reject recommendation of CEC in its report dated 17-2-2014 for imposition of penalty on the applicant Wind Farm and to exempt applicant Wind Farm from payment of penalty as recommended by
CEC (filed by Mr Sachin Patil, Advocate on b/o M/s Weizamann and Karma Energy Ltd.). IAs Nos. 3870-72 of 2015 in 3806 Extend the time to make payment of Rs 16.06 lakhs per windmill to the competent authority on account of the NPV till 30-10-2015 in relation to one windmill each owned by the applicant companies situated in District Satana in the State of Maharashtra [filed by Mr Gaurav Agrawal on b/o Khuda Gawah Investment (P) Ltd & Anr.]. IAs Nos. 3910-11 of 2015 in 3806 Direct CCF and Field Director, Sayadri Tiger Reserve, Kohlapur to accept the compensation amount of Rs 16.06 lakhs and direct CCF and Field Director, Sayadri Tiger Reserve, Kohlapur to remove the seal from the windmill on the payment of the compensation amount of Rs 16.06 lakhs being made [filed by Ms Poonam Kumari on behalf of Sagar Power Tax (P) Ltd.]. 12. 3640 of 2013 Report of CEC (Central Empowered Committee) in Application No. 1236 filed before it by M/s Vestas Wind Technology India (P) Ltd. seeking permission of the Hon'ble Supreme Court for diversion of 3.72 ha of forest land falling in the Wild Ass Sanctuary in Village Shikarpur, Taluka Bhachau, District Kutch in the State of Gujarat for the installation of seven windmills. 13. 3830 of 2014 Report of CEC in Application No. 1346 filed before it by the Executive Engineer, Water Resources Division, District Karanli, Rajasthan seeking permission of the Hon'ble Supreme Court for the diversion of 16.09 ha of forest land for the Dohari Minor Irrigation Project, falling in Keladeri Wildlife Sanctuary, District Karanli, Rajasthan. 14. IAs Nos. 3118-20 of 2011 in WP (C) No. 202 of 1995 Regarding permitting the applicant to construct, install, operate and maintain a ropeway for carrying pilgrims from Bharnath Taleti to Ambaji Temple at Girnar Hill Top through Girnar Wildlife Sanctuary in the State of Gujarat (Mr R.S. Jana on b/o Usa Breco Ltd.). 15. 1574 of 2006 in WP (C) No. 202 of 1995 Report of CEC in Application No. 845 regarding permission sought by U.P. Irrigation Department for urgent repairs of Gangao Dam situated in Panna Tiger Reserve, U.P. 16. 3697 of 2013 Report of CEC in Application No. 1364 filed before it by the Executive Engineer, Public Health Works Division, Junagarh seeking permission of this Court for the use of 0.4272 ha of forest land in Gir Wildlife Sanctuary for laying pipeline for providing drinking water facility for the residents of 5 villages and 1 ness of Taluka Talala, District Junagarh, Gujarat.
17. 3750-51 of 2014 Grant permission in favour of the applicant for laying of proposed water pipeline for 3 × 110 MW Combined Cycle Power Project Stage II, Dholpur on existing pipeline of Stage I for existing intake well and reservoir from National Chambal Ghariyal Sanctuary, Rajasthan (filed by Mr K.L. Janjani on b/o Rajasthan Rajya Vidyut Utapadan Nigam Ltd.). 18. 3783 of 2014 in 3675 of 2013 (Dis of) For clarification of the Court's order dated 21-10-201317 (filed by the State of J&K). Report of CEC in Application No. 1361 filed before it by the Power Development, State of Jammu and Kashmir seeking permission of the Hon'ble Court for the use of 0.21 ha of forest land for non-forest use for laying the 132 kV D/C Hiranagar-Battal Manwal transmission line passing through the Surnisar-Mansar Wildlife Sanctuary. 19. 3789 of 2014 To pass appropriate directions permitting the applicant viz. the Government of India, Ministry of Defence for diversion of and for carrying out non-forestry activities in 35 sq m of forest land at East Island Wildlife Sanctuary, Andaman and Nicobar Islands for setting up Radar Station by the Indian Coast Guard (filed by Mr B.V. Balaram Das on b/o the Ministry of Defence). 20. 3807-08 of 2014 (a) Accord approval to the diversion of 0.9898 ha of forest land in Nellikal Reserve Forest of Nagarjuna Sagar Division for laying intake pipeline and jack well pump house for the Nellikal Lift Scheme on Foreshore of Nagarjuna Sagar Reservoir; and (b) direct the UoI (MoEF) to accord clearance under Section 2 of the Forest (Conservation) Act, 1980 falling within Nagarjuna Sagar Srisailam Tiger Reserve (filed by Ms Sudha Gupta, Advocate on behalf of Andhra Pradesh State Irrigation Development Corpn. Ltd.) (Andhra Pradesh). 21. 3817-18 of 2014 Permit the applicant to complete the work of closure of nala to be carried out at Deori, District Sarjar relating to Nirandpur Dam Project falling in Nourdehi Forest Reserve (filed by Mr C.D. Singh on b/o the State of M.P.). 22. 3824-25 of 2014 For permission to carry out upgradation and rehabilitation of the existing road Tendukheda-Taradehi Maharajpur Road (MP-MDR-32-05/06) on the existing single lane with a width of 7 m with hard shoulders which is within the existing right of way passing through Nouradehi Wildlife Sanctuary (filed by Mr C.D. Singh on b/o Madhya Pradesh Public Works Deptt., Damoh).
23. 3837-39 of 2015 Grant permission to the applicant for laying of the 400 kV(D/C) transmission line from Rajgarh-Karamsad (Gujarat) in Kharmom Wildlife Sanctuary, Sadarpur (Dhar) M.P. (filed by Mr Snehasish Mukherjee on b/o Western Region Transmission) (Gujarat). 24. 3842 of 2015 Report of CEC in Application No. 1375 filed before it by the Principal Chief Conservator of Forests, Uttarakhand Forest Department seeking permission of the Hon'ble Supreme Court to carry out renovation/upgradation works at the Corbett Wildlife Training Centre (CWTC) located in the Corbett National Park/Corbett Tiger Reserve in the State of Uttarakhand. 25. 3844 of 2015 with *3861 of 2015 in 3844 of 2015 Report of CEC in Application No. 1386 filed before it by Defence Research and Development Organisation (DRDO) seeking permission of the Hon'ble Supreme Court for diversion of 154.42 ha of forest land falling in Krishna Wildlife Sanctuary in District Krishna, Andhra Pradesh for setting up of the test facility and the technical facilities. *Application for permission filed by Mr B.V. Balaram Das, Advocate on behalf of Ministry of Defence, DRDO, Andhra Pradesh for ratification of CEC report. 26. 3050 of 2011 in WP (C) No. 202 of 1995 Application for granting the direction to permit the applicant Ministry of Defence to upgrade and widen the road National Highway 31-A from existing national highway single lane intermediate width from 0.00 to km 4.40 passing through Mahananda Wildlife Sanctuary, District Darjeeling, West Bengal. 27. 3470 of 2012 (For directions to PCCF Wildlife, Wildlife Deptt., BDA Complex, Bhopal, M.P. to permit the applicant to carry out upgradation and strengthening the road with a width of 3.5 m and the length of 25 km along with in Gandhi Sagar Sanctuary in the State of M.P. and further allow the applicant to repair and maintain the shoulders of 1.5 m width on both the sides of the road (filed by M/s AP&J Chambers on b/o M.P. Road Development Corpn.). 28. 3645-47 of 2013 Direct the respondent to permit the applicant to carry out widening, upgradation and rehabilitation of existing 2 lane road to 4 lane with paved shoulder of Bhopal-Biaora (NH-12) road (km 316/10 to km 423/4) through the periphery of Narsinghgarh Wildlife Sanctuary (filed by M/s AP&J Chambers on b/o M/s M.P. Road Development Corpn. Ltd.). 29. 3700-02 of 2013 Direct the respondent to permit the applicant to carry out widening, upgradation and rehabilitation of existing 2 lane road to 4 lane with paved shoulder of
Bhopal-Jabalpur (NH-12) passing through Ratapani Wildlife Sanctuary (filed by M/s AP&J Chambers on b/o M.P. Road Development Corpn. Ltd.). 30. 3752 of 2014 To permit the applicant Ministry of Defence to construct new road Flag Hill-Log Bridge Madhubala-Dokala of approximately 33.80 km passing through Pangolakha Wildlife Sanctuary East District of Sikkim by the Border Roads Organisation (BRO) (filed by Mr B.V. Balaram Das, Advocate on b/o the Ministry of Defence). 31. 3828-29 of 2014 For permission to repair the approach road from main Amber Road to Nahargarh Fort at Jaipur, Rajasthan which passes through Nahargarh Wildlife Sanctuary (filed by Ms Ruchi Kohli, Advocate on b/o JDA, State of Rajasthan). 32. 3294 of 2011 Regarding clarification of order dated 12-12-199618 and permit the applicant to grant permission for lifting and removal of the dolomite from the forest area of Buxa Tiger Reserve in favour of North Bengal Dolomite Ltd. as per the recommendations of the Committee. 33. 1373 of 2005 in WP (C) Nos. 202 of 1995 and 1389 of 2005, 1696 of 2006 in 1373 of 2005 Regarding diversion of land in Periyar Tiger Reserve for the purpose of constructing/dwelling units for Sabrimala Temple in Kerala. 34. 2645 of 2009 in Application No. 1101 in WP (C) No. 202 of 1995 Relating to seeking permission to construct two log huts in Sultanpur National Park, District Gurgaon. 35. 3694-95 of 2013 For permission for starting Kisan Seva Kendra (KSK) dealership of Indian Oil at Hanumant Pura, District Etawah, U.P. falling in Rashtriya Chambal Van Vihar (filed by Mr Nishchal Kumar Neeraj on b/o Rajesh Singh) (U.P.). 36. 1697 of 2006, 2595-96 of 2009 with *2002-04 of 2007 Clarify/modify the order dated 14-2-20001 in IA No. 548 pertaining to fishing rights of the applicant in Tawa and Barna Reservoirs [filed by Mr C.D. Singh on b/o M.P. Fisheries Federation (Cooperative) Ltd.]. 37. 3846-47 of 2015 For permission to construct 765 kV sub-station Anpara ‘D’ Unnao transmission line from District Sonbhadra to Unnao passing through Kaimru Wildlife Sanctuary situated in District Sonbhadra and Mirzapur (filed by Mr Pradeep Mishra on b/o U.P. Power Transmission Corpn. Ltd.). 38. 3848-49 of 2015 Grant permission for the construction of high-level bridge in National Chambal Crocodile Sanctuary across Chambal River Usaidghat on Ambah-Pinahat Road (km 24/02) (filed by Mr C.D. Singh, on behalf of M.P. PWD, Gwalior).
39. 3852-54 of 2015 Grant permission to the applicant for the construction of the high-level bridge across Chambal River at Mahua Suda-Bansari (Etawah) on Hanuamantpura-Bhind (M.P.) Road in the Chambal Wildlife Sanctuary (filed by Mr Sanjeeb Panigrahi on behalf of U.P. PWD) (Etawah). 40. 3855-57 of 2015 Grant permission to the applicant for the construction of the high-level bridge across Kuwai River at Lauhana-Hanumantpura-Phoop Link Road to Umari Bhindd (M.P.) Road in the Chambal Wildlife Sanctuary) (filed by Mr Sanjeeb Panigrahi on behalf of U.P. PWD). 41. 3859-60 of 2015 Grant permission for diverting 0.97 ha of forest land for non-forest purpose i.e. for laying an underground water pipeline and erecting power lines (2670 sq m); for laying an approach road (5208 sq m); for construction of transformer yard (1100 sq m); for construction of manifold chamber (572 sq m) and for laying of power cables (150 sq m) and other incidental and miscellaneous works for 2 lift irrigation projects, namely, Anupu L.1 Scheme & Koppunurn L.1 Scheme falling in the Nagarjuna-Srisailam Tiger Reserve (filed by Mr G. Ramakrishna Prasad on behalf of Andhra Pradesh State Irrigation Development Corpn.) 42. 3881 of 2015 Grant permission to the applicant for diversion of 0.249 ha of land in Kolleru Wildlife Sanctuary for the purpose of construction of high-level breeds across Perantalakanama drain in km 4/2 of Alapadu Road in Krishna District, Andhra Pradesh to proceed with the construction of the proposed bridge in light of the recommendations made by the Standing Committee, National Board of Wildlife (filed by Mr Guntur Prabhakar on b/o the State of Andhra Pradesh). 43. 3882-83 of 2015 Granting permission to the applicant for use of 3.213 ha forest land for double track railway line project in Balaram Ambaji WLS, Gujarat (filed by Mr S.K. Dhingra on b/o Rail Vikas Nigam Ltd.). 44. 3884-86 of 2015 Granting permission/direction to the applicant for use of 3.41 ha in non-forest areas within railway land between the boundary of Ratapani Wildlife Sanctuary and up to 10 km line from Ratapani Wildlife Sanctuary involving 6.58 ha non-forest area of RWLS for double track railway line project in Ratapani Wildlife Sanctuary, Madhya Pradesh (filed by Mr S.K. Dhingra on b/o Rail Vikas Nagam Ltd.). 45. 3889-90 of 2015 Grant permission to construct high-level bridge at km 0/4 Chennai-Pullicat Road to Pasiyavaram Road including forming approaches, involves use of 1.11 ha of forest land falls within Pullicat Bird Sanctuary, Ponneri Taluk, Thiruvallur District, Tamil Nadu (filed by Mr B. Balaji on b/o the Divisional
Engineer, Construction and Maintenance Highways Department, Tamil Nadu). 46. 3898-99 of 2015 Grant permission to the applicant to renovate and to maintain the existing old Akona Distributory Canal and its minor from 16.60 km to 19 km of Rangwan Canal Project, Madhya Pradesh falling in Ken Ghariyal Wildlife Sanctuary (filed by Mr C.D. Singh on b/o the State of M.P.) (NowGong). 47. 3900-01 of 2015 Grant permission to the applicant to renovate and to maintain the existing canal system of Barna Project a part of which (5.55 km) is falling in the area of Singhroi Wildlife Sanctuary at the stretch, Madhya Pradesh (filed by Mr C.D. Singh on b/o the State of M.P.) (Barna district) 48. 3902-04 of 2014 Permission for carrying out the repairs of the Choreshwar Mahadev Temple at Choragarh, Pachmarhi within Satpura National Park and Forest Sanctuary as specified in detail in Paras 22 and 23 (filed by Mr B.S. Banthia on b/o Har Har Mahadev Samiti, Madhya Pradesh). 49. 3912-13 of 2015 Permission to resurfacing and strengthening of the exist blacktopped (BT Road) from Utumalpet to Chinnar up to Kerala State Border in km 13.20 passing through Indira Gandhi Wildlife Sanctuary/Annamalai Tiger Reserve in Tarappur District and Sethu Madai to topslip up to Kerala State Border in km 13.00 passing through Indira Gandhi Wildlife Sanctuary/Annamalai Tiger Reserve, Pollachi in Coimbatore (filed by Mr B. Balaji, on behalf of the State of Tamil Nadu). 50. 3914-15 of 2015 Permission for surfacing and strengthening of the existing blacktopped (BT) road in NH-67 extension from Thorapalli to Kakkanallah in km 488/4 to 504/4 passing through Mudumalai Tiger Reserve Core and Mavanallah to Theppakadu (km 19/100 to km 21/800 and km 23/100 to 29/100 passing through Mudumalai Tiger Reserve (filed by Mr B. Balaji, on behalf of the State of Tamil Nadu). 51. 3918 of 2015 Allow the applicant to undertake the electrification work from Chouparan to Chordaha (the area of 18.795 ha falling in Gautam Buddha Wildlife Sanctuary, District, Hazaribagh, Jharkhand) subject to fulfilment of all the terms and conditions imposed by the National Board for Wildlife/Ministry of Environment and Forests (filed by Mr Himanshu Shekhar, Advocate on behalf of Jharkhand Bijli Vitran Nigam Ltd.). 52. 1297 of 2005 in WP (C) No. 202 of 1995 along with IA No. 432 in WP (C) No. 13381 of 1984 Report of CEC in Application No. 592 Re: release of water from Panchana Dam to the Keoladeo National Park in Rajasthan.
53. 3523-25 of 2012 Directions/orders permitting the applicant to establish and operate a petrol pump at Village Karai, Block Narvas, District Shivpuri, M.P. falls within Karera Bird Sanctuary (filed by Mr Praveen Agrawal on b/o Mr Anurag Gedia). 54. WP (C) No. 47 of 1998 With SLP (C) No. 1474 of 1998 (IV-A) Project Tigers — Protection of Tigers population throughout the country The State Government is not liable to fulfil its duty cast under Article 14-A of the Constitution and the Wildlife (Protection) Act, 1972.
Part of Annexure II
List of Ias in wp (C) No. 337 of 1995 Which Stand Disposed of in terms of the orders of the court dated 5-10-2015
Where there is no recommendation of the Standing Committee of the National Board for Wildlife the matters would be referred to the Standing Committee of the National Board for Wildlife.
Sl. Nos. IAs Nos. Remarks 1. IA No. 178 of 2015 Stands disposed of 2. IAs Nos. 176 of 2015 and 177 of 2015 Stands disposed of 3. IAs Nos. 186 of 2015 and 187 of 2015 To be sent to Standing Committee 4. IA No. 189 of 2015 Stands disposed of 5. IA No. 179 of 2015 Stands disposed of 6. IAs Nos. 130 and 131 To be sent to Standing Committee 7. IAs Nos. 128, 129 and 144 To be sent to Standing Committee 8. IA No. 175 Stands disposed of 9. IAs Nos. 171 and 172 Stands disposed of 10. IA No. 170 To be sent to Standing Committee 11. IA No. 107 To be sent to Standing Committee 12. IA No. 116 To be sent to Standing Committee 13. IAs Nos. 104 and 105 To be sent to Standing Committee 14. IA No. 67 of 2004 To be sent to Standing Committee 15. IA No. 76 To be sent to Standing Committee 16. IA No. 119 To be sent to Standing Committee 17. IA No. 54 of 2004 To be sent to Standing Committee 18. IA No. 132 To be sent to Standing Committee 19. IAs Nos. 83 and 84 To be sent to Standing Committee 20. IA No. 165 To be sent to Standing Committee 21. IA No. 164 Stands disposed of 22. IA No. 161 To be sent to Standing Committee
VI(1) Forest Lands Involved in the Mining Leases Transferred to J.P. Cement Ltd.
Number of other writ petition — 01
Sl. No. IAs Nos. Subject-matter 1. 2782 of 2010, 2939-40 of 2010 in 2782, 3023-24 of 2011 with 2469 of 2009, 3030 of 2011 and 3032 of 2011 in IAs Nos. 2939-40, 3877 of 2015 in 2469 with WP (C) No. 130 of 2011 For permission to the State of U.P. to renew the mining leases to comply with the judgment of the High Court of Allahabad dated 12-10-2007 as the land for mining purposes allegedly fall under the category of non-forest land after the settlement under the provisions of the Indian Forests Act, 1927 (Jaypee Associates matter).
VI(2) Report Of Cec Regarding Western Ghats
Sl. Nos. IAs Nos. Subject-matter 1. 3620 of 2013 Report of CEC in Application No. 1209 filed before it by the Kudremukh Wildlife Foundation Wildcat-C and the Sahyadri Wildlife Forest Conservation Trust regarding alleged illegal diversion of forest lands for non-forest uses in the Western Ghats Region in Karnataka. 2. 3897 of 2015 Report of CEC in Application No. 952 of 2006 filed before it by Parisara Samrakshana Kendra and wilderness club against the diversion of forest land falling in the ecologically sensitive Western Ghats in the State of Karnataka for laying of the new 168.289 km Hubli-Ankola Broad Gauge Railway Line.
VI(3) Construction of Hotel at Mcleodganj on Forest Land in Violation of the FC Act
Sl. No. IAs Nos. Subject-matter 1. 1991 of 2007 in WP (C) Nos. 202 of 1995, 3117 of 2011 Regarding constructions of hotel and shopping complex and bus-stand complex in reserve forest land Mcleodganj, H.P.
VI(4) Illegal Felling of trees and Road Construction in Wildlife Sanctuaries in Karnataka
Sl. No. IAs Nos. Subject-matter 1. 2530-31 of 2009 in WP (C) No. 202 of 1995 Relating to construction of roads in forest area of Kodaju etc. etc. in the State of Karnataka.
List of Newly Added Ias/Matters in Annexures
Annexure I
I. Matters Relating To Wood-Based Industries
Part A: Number of IAs in WP (C) No. 202 of 1995 — 2
Sl. No. IA No. Listed on Directions for listing Subject-matter 1. 3916-17 of 2015 Application for filing additional affidavit and/or correction of its earlier affidavit dated 20-2-1997 and production of additional documents relating to sawmills in the State (filed by Nishant R. Katneswarkar, Advocate on behalf of the State of Maharashtra).
I. Matters Relating To Wood-Based Industries (Contd.)
Part B: Special leave petitions — 04
Sl. Nos. IAs Nos. Listed on Directions for listing Subject-matter 1. SLP (C) No. 3941 of 2010 (Sec-XIA) Regarding renewal of sawmill licence (Kerala). 2. SLP (C) No. 7031 of 2010 (IX) Regarding seeking permission for additional band saw machines in Nagpur were challenged before the High Court. 3. SLPs (C) Nos. 7648 of 2006 and 7649 of 2006 (X) Licence issued under the U.P. Establishment and Regulation of Sawmills Rules, 1978.
Annexure II
II. Matters Relating To National Parks/Wildlife Sanctuaries
Number of IAs in WP (C) No. 202 of 1995 — 20
Number of IA in WP (C) No. 13381 of 1984 — 01
Number of SLP — 01
Sl. Nos. IAs Nos. Listed on Directions for listing Subject-matter 1. SLP (C) No. 30622 of 2011 along with IA No. 1308, etc. (order
dated 6-2-2012) (IV-A) 2. 3848-49 of 2015 Grant permission for the construction of high-level bridge in National Chambal Crocodile Sanctuary across Chambal River Usaidghat on Ambah-Pinahat Road (km 24/02) (filed by Mr C.D. Singh, on behalf of M.P. PWD, Gwalior). 3. 3881 of 2015 Grant permission to the applicant for diversion of 0.249 ha of land in Kolleru Wildlife Sanctuary for the purpose of construction of high-level breeds across Perantalakanama drain in km 4/2 of Alapadu Road in Krishna District, Andhra Pradesh to proceed with the construction of the proposed bridge in light of the recommendations made by the Standing Committee, National Board of Wildlife (filed by Mr Guntur Prabhakar on b/o the State of Andhra Pradesh). 4. 3882-83 of 2015 Granting permission to the applicant for use of 3.213 ha of forest land for double track railway line project in Balaram Ambaji WLS, Gujarat (filed by Mr S.K. Dhingra on b/o Rail Vikas Nigam Ltd.). 5. 3884-86 of 2015 Granting permission/direction to the applicant for use of 3.41 ha in non-forest areas within railway land between the boundary of Ratapani Wildlife Sanctuary and up to 10 km line from Ratapani Wildlife Sanctuary involving 6.58 ha of non-forest area of RWLS for double track railway line project in Ratapani Wildlife Sanctuary, Madhya Pradesh (filed by Mr S.K. Dhingra on b/o Rail Vikas Nigam Ltd.).
6. 3898-99 of 2015 Grant permission to the applicant to renovate and to maintain the existing old Akona Distributory Canal and its minor from 16.60 km to 19 km of Rangwan Canal Project, Madhya Pradesh falling in Ken Ghariyal Wildlife Sanctuary (filed by Mr C.D. Singh on b/o the State of M.P.) (NowGong). 7. 3900-01 of 2015 Grant permission to the applicant to renovate and to maintain the existing canal system of Barna Project a part of which (5.55 km) is falling in the area of Singhroi Wildlife Sanctuary at the stretch, Madhya Pradesh (filed by Mr C.D. Singh on b/o the State of M.P.) (Barna district). 8. 3902-04 of 2014 Permission for carrying out the repairs of the Choreshwar Mahadev Temple at Choragarh, Pachmarhi within Satpura National Park and Forest Sanctuary as specified in detail in Paras 22 and 23 (filed by Mr B.S. Banthia on b/o Har Har Mahadev Samiti, Madhya Pradesh). 9. 3918 of 2015 Allow the applicant to undertake the electrification work from Chouparan to Chordaha (the area of 18.795 ha falling in the Gautam Buddha Wildlife Sanctuary, District Hazaribagh, Jharkhand) subject to fulfilment of all the terms and conditions imposed by the National Board for Wildlife/Ministry of Environment and Forests (filed by Mr Himanshu Shekhar, Advocate on behalf of Jharkhand Bijli Vitran Nigam Ltd.).
10. 1297 of 2005 in WP (C) No. 202 of 1995 along with IA No. 432 in WP (C) No. 13381 of 1984 Report of CEC in Application No. 592 Re: release of water from Panchana Dam to the Keoladeo National Park in Rajasthan. 11. 3523-25 of 2012 Directions/orders permitting the applicant to establish and operate a petrol pump at Village Karai, Block Narvas, District Shivpuri, M.P. falls within Karera Bird Sanctuary (filed by Mr Praveen Agrawal on b/o Mr Anurag Gedia).
Annexure III
III. Matters Relating to Exemptions from the payment of the net present value (NPV)
Number of IAs in WP (C) No. 202 of 1995-2005
Sl. Nos. IAs Nos. Listed on Directions for listing Subject-matter 1. 3894-96 of 2015 Exempt the applicant from payment of NPV of Rs 327.60 lakhs for use of the forest land at Javandhu Hills, Kavalur, Vellore District, Tamil Nadu, which is being demanded from the Tamil Nadu Forest Department and direct the Tamil Nadu Forest Department to refund the amount of Rs 50 lakhs already paid to it by the applicant on 19-4-2011 and stay the recovery of NPV from the applicant pursuant to the demand letter dated 15-6-2015 issued by the Tamil Nadu Forest Department to the applicant (filed by Mr Nikunj Dayal on b/o the Indian Institute of Astrophysics). 2. 2863-64 of 2010 in 1620 (i) To issue direction declaring that petitioner/petitioner's 6.10 ha lease hold land situated in the gape area of Patrapalli Village and Vottivaripalli
Village in Yadmari Mandal Chittor District, does not attract order/direction of this Hon'ble Court passed in IA No. 566 of 2002 (regarding payment of NPV). (ii) To declare that petitioner entitled to keep continue his mining lease permission as valid till 14-2-2023 in the abovesaid hill land situated at gape area of Patrapalli Vottivaripalli Village in Yadmari Mandal Chittor District renamed as Compartments Nos. 217 & 218 Veerasettipalli “B”RF” Chittor (w) (filed by Mr Debasis Misra, Adv. on behalf of R. Lokanadha Naidu) (A.P.).
Annexure VI
VI. Matters Proposed For Transfer To NGT
Number of IAs in WP (C) No. 202 of 1995-2001
VI(2) Report of CEC Regarding Western Ghats
Sl. No. IA No. Listed on Directions for listing Subject-matter 1. 3897 of 2015 Report of CEC in Application No. 952 of 2006 filed before it by Parisara Samrakshana Kendra and wilderness club against the diversion of forest lands falling in the ecologically sensitive Western Ghats in the State of Karnataka for laying of the new 168.289 km Hubli-Ankola broad gauge railway line.
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